Saturday, December 13, 2014

Can I be forced to pay child support?

Q:  I live in New York State. I am the father of two young boys 11 and 13 years old. I won full physical custody of my boys in December of 2013.I make $115,000 a year. My ex wife makes 27 thousand dollars per our custody agreement it states that I am NOT to seek child support until April of 2015.I want to file for child support come April of 2015. However I have been told that I may be instructed to pay child support because of the disparity in income between the both of us. Could this ever happen?

A:  David's Answer:  That depends on the exact phrasing of the custody agreement - if it's shared custody (meaning 50-50%), then you may have to pay some child support to her as the higher-earning parent. If it deems you as the primary residential parent, then there's no way you pay child support to her unless the custody arrangement is modified. Schedule a consult with an Orange/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

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